People v. Ryder

Appellate Division of the Supreme Court of New York

People v. Ryder

24 A.D.2d 808, 263 N.Y.S.2d 742, 1965 N.Y. App. Div. LEXIS 3115

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 29, 1965

StatusPublished

This text of 24 A.D.2d 808 (People v. Ryder) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Ryder, 24 A.D.2d 808, 263 N.Y.S.2d 742, 1965 N.Y. App. Div. LEXIS 3115 (N.Y. Ct. App. 1965).

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Opinion

Memorandum by the Court.

Appeal by defendant from a judgment of the County Court of Madison County which convicted him upon pleas of guilty of seven separate crimes. The judgment appealed from was rendered on February 2, 1965 following a court-directed remand for resentencing for the failure of the trial court in 1949 to accord him a two-day delay pursuant to the requirements of section 472 of the Code of Criminal Procedure. Appeal is also taken from an order of the same court denying without a hearing his motion for a writ of error coram nobis to vacate the judgment. The record shows that defendant had no counsel when he was arraigned in 1949. It is conceded that he was then asked by the court as required by section 308 of the Code of Criminal Procedure if he desired the aid of counsel and that he declined such assistance. Defendant may not now complain that he misunderstood the court’s inquiry. (People v. Sprung, 13 A D 2d 877; People v. Crimi, 278 App. Div. 997, affd. 303 N. Y. 749.) Judgment and order affirmed. Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

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Memorandum by the Court.

Appeal by defendant from a judgment of the County Court of Madison County which convicted him upon pleas of guilty of seven separate crimes. The judgment appealed from was rendered on February 2, 1965 following a court-directed remand for resentencing for the failure of the trial court in 1949 to accord him a two-day delay pursuant to the requirements of section 472 of the Code of Criminal Procedure. Appeal is also taken from an order of the same court denying without a hearing his motion for a writ of error coram nobis to vacate the judgment. The record shows that defendant had no counsel when he was arraigned in 1949. It is conceded that he was then asked by the court as required by section 308 of the Code of Criminal Procedure if he desired the aid of counsel and that he declined such assistance. Defendant may not now complain that he misunderstood the court’s inquiry. (People v. Sprung, 13 A D 2d 877; People v. Crimi, 278 App. Div. 997, affd. 303 N. Y. 749.) Judgment and order affirmed. Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

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Bluebook (online)

24 A.D.2d 808, 263 N.Y.S.2d 742, 1965 N.Y. App. Div. LEXIS 3115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ryder-nyappdiv-1965.

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